Q Solicitors

"Either you decide to stay in the shallow end of the pool or you go out in the ocean."

Christopher Reeve

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This month we discuss the value and ownership of Intellectual Property in your business. 

We also welcome guest writer and Pool Safety Inspector Shayne Wood of 3r Environmental who discusses Pool Safety Laws.

Are you a potential or existing business owner and unsure of how much intellectual property makes up your business asset?  Are you clear on who owns the Intellectual Property? 

Intellectual Property (IP) covers a vast range of knowledge such as patents, trademarks, designs, copyright, circuit layout, plant breeder's rights, confidentiality and trade secrets.

In his 30 years of practice, Myles Murphy of Q Solicitors, has been asked to protect ownership of a number of both common and unusual products including board games (which have become TV game shows), industrial mango peelers and even astronomical devices.

We've recently stumbled along a website for IP Australia (a Commonwealth Government Department) which provides plenty of information pertaining to IP as well as a list of definitions as to what constitutes Intellectual Property.  In fact, they also provide a free online tool called Intellectual Property Explorer which enables you to perform an audit so as to determine what aspects of your business fall into the category of Intellectual Property.  By making this important identification you will be able to plan to protect these valuable IP assets, rather than leaving them exposed to risk.

If you have any further questions relating to protection of your Intellectual Property contact us today and we will assist you through the process, and secure your most valuable business asset.

This classified was printed in a local Californian newspaper in the US.  Only in America!

Many readers will be aware that there have been significant changes to Pool Safety Rules since December last year.  If you're currently looking to purchase a property with a pool, you will need the pool to comply with these safety standards by obtaining a Pool Safety Certificate from a Licensed Pool Safety Inspector.

If the property being purchased has a shared pool, for example a unit, or duplex and settlement date is before 1^st Sept 2012 the pool owner (Body Corp) has until 30^th November 2012 to obtain a Pool Safety Certificate.

For a non-shared pool (residential house) a Certificate must be obtained either before contract or no later than 90 days after settlement.  The Seller does have the option to provide either a Pool Safety Certificate (Form 23) or a Notice of No Pool Safety Certificate (Form 36). In this instance the Buyer must repair the pool fence to a compliant standard and obtain the Pool Safety Certificate within 90 days of settlement.

The cost of a Pool Safety Inspection and repairs or replacement of fences can vary dramatically from a few hundred to many thousands of dollars dependent upon what is involved in bringing the safety standards up to scratch.

Pools have now become a major item not only on the "must have" list, but also on the "Buyer beware" list when purchasing a home.  Pools will likely become a bargaining tool in many negotiations.

From a legal perspective, the obligation is on the seller to do the repairs necessary to obtain the certificate.  Buyers should either insert special conditions into the Contract to place conditions upon the seller to obtain a clear certificate, or both parties should agree to reduce the purchase price by the amount necessary to effect the changes and obtain a clear certificate.  If you are unsure of your position, you can always contact Q Solicitors who can include a special condition to cover you.

If you are buying a new house and you are offered a Form 36 it would be wise to seek professional help from a Pool Safety Inspector before you "dive" into a contract.  If you are selling a house, a Pool Safety Certificate will add certainty to potential buyers, that they can enjoy the pool when they unpack, making it all the more appealing.

For more information visit www.dlgp.qld.gov.ac/poolsafety  or  www.3r-environmental.com.au

Shayne Wood, 3r Environmental 

The Lone Ranger and Tonto went camping in the desert. After they got their tent all set up, they fell sound asleep. Some hours later, Tonto wakes The Lone Ranger and says, "Kemo Sabi, look towards sky, what you see?"

The Lone Ranger replies, "I see millions of stars."

"What that tell you?" asked Tonto.

The Lone Ranger ponders for a minute, then says, "Astronomically speaking, it tells me there are millions of galaxies and potentially billions of planets. Astrologically, it tells me Saturn is in Leo. Time wise, it appears to be approximately a quarter past three in the morning. Theologically, it's evident the Lord is all-powerful and we are small and insignificant. Meteorologically, it seems we will have a beautiful day tomorrow. What's it tell you, Tonto?"

Tonto is silent for a moment, then says, "Kemo Sabi, you idiot. Someone has stolen our tent.

Do you have any legal questions you would like to ask?  Perhaps you would like us to discuss a particular topic in our next newsletter.  Let us know how we can help by sending an email to: enquiries@qsolicitors.com.au

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"Advice is what we ask for when we already know the answer but wish we didn't."

Erica Jong

Regards,

Q Solicitors
9/14 Macquarie Street Teneriffe QLD 4005
Phone: 07 3358 2399
Email: enquiries@qsolicitors.com.au
Web: qsolicitors.com.au